Miltenberger Law Offices

Most people know how courtrooms work based on television magic. It’s as simple as hiring a lawyer and going in front of a judge and jury, right? Not quite! There are several stark differences between lawsuits, types of law, civil, and criminal proceedings. It’s important to understand the difference between both criminal and civil law so you understand what type of attorney to hire, how to best pursue your case, and have an idea of the outcome. If you’re enthralled in a legal battle or facing legal issues, here’s a breakdown of the difference between criminal law and civil law.

Civil Law – Personal Disputes

When you think of the word civil, you might have the image of two people acting decent with one another. This is, in essence, what the goal of civil law is – to hand disputes between two individuals, be it a person with another person, business, or entity. The disputes might involve a contract issue, restitution for damages done, terms of service disagreements, property ownership issues, divorce, family court, and many more other subsets. In short, civil law focuses on cases that can be resolved with monetary compensation rather than imprisonment or criminal charges. 

Personal injury cases fall under civil law and can involve situations such as car accidents, medical malpractice, or injuries caused by faulty products. In these cases, the plaintiff (the person filing the lawsuit) seeks monetary compensation from the defendant (the person being sued). Compensation can include money to pay for medical bills, emotional distress, lost wages, and other damages incurred by the plaintiff. 

Criminal Law – Offenses Against Society

Criminal law deals with offenses that are considered harmful to society as a whole. Unlike civil law, the outcome of a criminal case can result in imprisonment or fines rather than just monetary compensation. In criminal cases, the government (represented by the prosecutor) is responsible for bringing charges against the defendant (whoever is being charged with a crime). The burden of proof, meaning the party that has to prove the other party is guilty, falls on the prosecutor to prove beyond a reasonable doubt that the defendant committed the crime they are being charged with. 

Crimes such as assault, theft, murder, DUI and drug offenses fall under criminal law. These cases are typically punished by imprisonment, or fines, but can also result in other penalties such as community service, probation, or rehabilitation programs. Criminal law is often less straightforward than civil law, as there can be multiple factors and evidence to consider when determining guilt or innocence. Because of this, it’s best to hire a criminal defense lawyer if you’ve been charged with a crime.

Get Legal Help Today

Perhaps the biggest difference between civil and criminal law is that criminal cases can lead to a loss of freedom as opposed to assets. At Miltenberger Law Offices, we want to make sure you’re protected in case a criminal charge is brought against you, which is why we offer award-winning criminal defense attorneys in Omaha, NE, and beyond! From DUI cases to drug possession, weapons charges, assault, and everything in between, we’ll be there to support you every step of the way. Call us today to ensure your rights are protected under law, and to reduce your charges and criminal penalties.